Court hearing suit on Jeff sheriff election

As the third and final day of qualifying for the Nov. 17 election for Jefferson Parish sheriff opens today, a Baton Rouge judge is considering the legality of the reopened qualifying.

A new three-day qualifying period for sheriff opened on Tuesday after the death Monday of longtime Sheriff Harry Lee.

State law calls for the reopening of qualifying if a candidates dies between the closing of the original qualifying period and the closing of the polls on election day. The election for sheriff originally was scheduled for Oct. 20, but state law also requires the election to be rescheduled if the reopened qualifying period falls within a 30-day period before the election.

Despite what state law says, Harahan Police Chief Peter Dale has filed suit challenging the law. He sued Jefferson Parish Clerk of Court John Gegenheimer and Louisiana Secretary of State Jay Dardenne, saying that the requalifying period violates his rights as a candidate.

The suit is scheduled to be heard today at 10 a.m. before Judge Wilson Fields in Division O of the 19th Judicial District Court in East Baton Rouge.

Dale's suit claims the state law violates Dale's constitutional rights as a candidate who spent money and time operating under one election system only to have to retool his efforts for a new political landscape. Dale's attorney said the election should proceed with the remaining candidates, just as it would if a candidate withdrew from the race before election day.

Dale and Harvey contractor Julio Castillo were the only candidates who signed up to challenge Lee during the initial qualifying period in early September. In the new qulaifying period, they have been joined by interim Jefferson Parish Sheriff Newell Normand, Sen. Art Lentini, R-Kenner, and former Kenner Police Chief Nick Congemi. All are Republicans.

Melvin "Teddy" Burns, Jr., of Marrero, is the only candidate to qualify so far today. He did not list a party affiliation.

Candidates may qualify today at the Jefferson Parish Clerk of Court's office on the West Bank only.